Citation : 2023 Latest Caselaw 4720 ALL
Judgement Date : 13 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - A No. - 1306 of 2023 Petitioner :- Awadhesh Prakash Srivastava Respondent :- U.P. Forest Corporation Lko. Thru. Its Managing Director And 3 Others Counsel for Petitioner :- Amit Chandra,Virendra Prasad Srivastava Counsel for Respondent :- Lakshmipat Shukla Hon'ble Pankaj Bhatia,J.
Present petition has been filed with the following prayers:
"i. issue a writ, order or direction in the nature of 02.06.2021 i.e Annexure No.3 to writ petition being unsuitable in the eye of law.
ii. issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to pay/release withheld amount of Leave Encashment of the petitioner and further be pleased to direct the opposite parties to pay interest @18% on withheld amount of Leave Encashment from the date, it became due to be paid till the date of actual payment.
....."
At the very outset, learned counsel for the petitioner states that he is not pressing the relief as contained in Para - 1 of the prayer clause.
It is argued that the petitioner is entitled to leave encashment in terms of the decision taken by this Court in the case of Triloki Nath v. U.P. Forest Corporation Lucknow & Ors.; Writ - A No.2058 of 2022 decided on 21.04.2022.
In view of the said submission, the present petition is disposed off directing the petitioner to approach respondent no.3 who shall consider the case of the petitioner and shall pass orders with regard to leave encashment entitled to the petitioner in the light of the judgment in the case of Triloki Nath (supra), within a period of three months.
This order has been passed in the presence of Shri Ravikant Shukla, learned counsel holding brief of Shri Lakshmipat Shukla, learned counsel for the respondent.
Order Date :- 13.2.2023
nishant
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